On January 15, 2025, the Ministry of Family, Labour and Social Policy presented a draft law amending the Labour Code, which introduces a number of important changes to regulations on workplace mobbing. The aim of the amendment is to strengthen employers' obligations to prevent mobbing, which responds to existing problems in the implementation of these obligations in practice. The bill is currently under public consultation.
Key changes to the legislation on mobbing
The amendment provides that amendments will enter into force 21 days after the publication of the Act in the Official Journal of the Law, and employers will be required to implement new regulations within three months of publication of the act. The most important changes concern the precise definition of employers' obligations to prevent mobbing.
The current provisions of the Labour Code in its current form impose a fairly general obligation on employers to prevent mobbing without any indication of how this should be implemented. The new regulations introduce specific guidelines that define precisely how employers are to act to effectively prevent mobbing.
A proactive approach to anti-mobbing
In line with the amendment, employers will be required to take preventive action, such as organising systematic training, monitoring the procedures in force in the organisation or building broad knowledge of the consequences of mobbing.
Employers will have to act in front of the mobbing phenomenon, implementing pro-active preventive measures instead of merely responding to employee notifications.
The new rules also provide for an obligation to detect and respond to mobbing cases, including corrective actions such as organising mediation between parties or updating procedures to respond more effectively to mobbing notifications.
Support for victims of mobbing
The amendment of the Labour Code also provides that employers will be required to provide support for those who have experienced mobbing. This may include access to psychological assistance, legal advice and mentoring support to help victims regain confidence in their employer and co-workers and deal with the difficulties associated with negative experiences in the workplace. Such support aims not only to help overcome the effects of mobbing, but also to improve the atmosphere in the workplace.
New definition of mobbing
The amendment also introduces a new definition of mobbing, in which the legislator decides on an open catalogue of examples of behaviour with mobbing characteristics. Under the new regulations, mobbing will include, among other things, behaviour such as:
- humiliation or abuse,
- intimidation,
- underestimating the professional suitability of the worker,
- Obstruction of working environment,
- isolation or exclusion from the team.
It will also be new to introduce a provision that recognises that there is a need to encourage or encourage another person to take action involving intimidation, humiliation or ridicule as mobbing.
Who could do the mobbing?
The changes also include the question of who might be responsible for mobbing. Under the new rules, mobbing may be used not only by superiors or coworkers, but also by persons employed on grounds other than employment relations. Such a broad approach to mobbing aims to protect all employees, regardless of their role in the organization.
Summary
The proposed amendment to the Labour Code on Mobbing is a step towards a more effective fight against this phenomenon in the workplace. The new regulations clearly specify employers' obligations to prevent mobbing, including the introduction of preventive measures, monitoring organisational procedures and providing support to victims. These changes should have a positive impact on improving the working atmosphere and increasing workers' safety.